TRANSFER AND SURPLUS Clause Samples

The "Transfer and Surplus" clause governs how any surplus funds or assets remaining after the fulfillment of contractual obligations are handled, as well as the process for transferring such surplus. Typically, this clause specifies the conditions under which surplus resources are identified and details the method for distributing or reallocating them, such as returning excess funds to a client or transferring unused materials to another party. Its core practical function is to ensure transparency and fairness in the disposition of surplus assets, preventing disputes and clarifying the parties' rights regarding any remaining value at the end of a contract.
TRANSFER AND SURPLUS. 1. Transfers and Surpluses Initiated by the Board a. The superintendent, or designate, intending to recommend transfer of a teacher for reasons other than declining enrollment shall meet with the teacher at least seven (7) days prior to the recommendation being placed before the Board. The nature of the transfer, and the reasons for it shall be communicated to the teacher and the Union. At such meeting the teacher may be accompanied by a member of the Union. The teacher shall have the opportunity to consider the matter and shall have five (5) days to reply. b. Transfers shall not be initiated by the Board for arbitrary or disciplinary reasons. Transfers may occur pursuant to Article E.2.4.d (Harassment/Sexual Harassment). c. Where the Board initiates a transfer or surplus after the start of the school year, and where the assignment is different from the current assignment, the Board will assist the teacher in the relocation of materials if required and may provide some preparation time prior to the assumption of their teaching duties. d. The Board may transfer a teacher to an assignment involving a significantly different grade level or significantly different subject area, only if: i. there remain no vacancies in the teacher’s existing grade level or subject area for which the teacher has the necessary qualifications; ii. the teacher has the least district-wide seniority among teachers in the teacher’s existing grade level or subject area; iii. the Board provides adequate support and in-service release time to ensure professional retraining commensurate with the degree of change of assignment; iv. the teacher is offered priority in future vacancies in the teacher’s existing grade level or subject area. e. Where the Board initiates a surplus from the staff of a school for bona fide educational, budgetary, declining enrollment, reconfiguration or other such reasons: i. unless a more senior teacher agrees to be surplused, the surplus shall be effected in reverse order of district seniority of teachers in that school, provided that the teachers retained on the staff of the school possess the necessary qualifications for the positions available; ii. if not, the principal will match the educational needs of the school with the necessary qualifications of school staff members. This process may require teachers to teach courses or grade levels they are qualified to teach but which might not have been their preference; iii. teachers declared surplus to the school ...
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TRANSFER AND SURPLUS. L53.01 For the purposes of this section:
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TRANSFER AND SURPLUS. 53.01 For the purposes of this section:
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Related to TRANSFER AND SURPLUS

  • TRANSFER AND SUB-CONTRACTING 31.1 This Framework Agreement is personal to the Supplier and the Supplier shall not assign, novate or otherwise dispose of or create any trust in relation to any or all rights and obligations under this Framework Agreement or any part thereof without the Approval. 31.2 Notwithstanding the provisions of Clause 31.1 above, the Supplier shall be entitled to Sub-Contract its obligations to supply the Services to those Sub-Contractors listed in Framework Agreement Schedule 2 (Sub-Contractors). The Supplier shall ensure that terms are included in any Sub-Contract permitted under this Framework Agreement which: 31.2.1 require the Supplier to pay any undisputed sum due to the relevant Sub-Contractor within a specified period that does not exceed thirty (30) calendar days from the date the Supplier receives the Sub-Contractor's invoice; and 31.2.2 prohibit the Sub-Contractor from further sub-contracting any element of the service provided to the Supplier without Approval. 31.3 The Supplier shall not substitute or remove a Sub-Contractor or appoint an additional sub-contractor without Approval, such Approval not be unreasonably withheld or delayed. Such consent shall not constitute approval or endorsement of such substitute or additional sub-contractor and the Supplier shall remain responsible for the provision of the Ordered Services at all times. 31.4 The Authority may require the Supplier to terminate a Sub-Contract where it considers that: 31.4.1 the Sub-Contractor may prejudice the provision of the Services or may be acting contrary to the interests of the Authority; 31.4.2 the Sub-Contractor is considered to be unreliable and/or has not provided reasonable services to its other customers; and/or 31.4.3 the Sub-Contractor employs unfit persons; 31.5 In the event that the Authority exercises its right pursuant to Clause 31.4 above, the Supplier shall remain responsible for maintaining the provision of the Services. 31.6 Despite any permitted Sub-Contract pursuant to this Clause 31, the Supplier at all times shall remain responsible for all acts and omissions of its Sub-Contractors and the acts and omissions of those employed or engaged by the Sub-Contractors as if they were its own. An obligation on the Supplier to do, or refrain from doing, any act or thing shall include an obligation upon the Supplier to procure that its employees, staff, agents and the Sub-Contractors', employees, staff and agents also do, or refrain from doing, such act or thing. 31.7 The Authority shall be entitled to: 31.7.1 assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof to any Other Contracting Body; or 31.7.2 novate, transfer or otherwise dispose of its rights and obligations under this Framework Agreement to any other body (including any private sector body) which substantially performs any of the functions that previously had been performed by the Authority. 31.8 The Supplier shall enter into such agreement and/or deed as the Authority shall reasonably require so as to give effect to any assignment, novation, transfer or disposal made pursuant to Clause 31.7 above.